N.Y. Civil Practice Law & Rules § 205-a: Termination of certain actions related to real property

§ 205-a. Termination of certain actions related to real property. (a)

If an action upon an instrument described under subdivision four of

section two hundred thirteen of this article is timely commenced and is

terminated in any manner other than a voluntary discontinuance, a

failure to obtain personal jurisdiction over the defendant, a dismissal

of the complaint for any form of neglect, including, but not limited to

those specified in subdivision three of section thirty-one hundred

twenty-six, section thirty-two hundred fifteen, rule thirty-two hundred

sixteen and rule thirty-four hundred four of this chapter, for violation

of any court rules or individual part rules, for failure to comply with

any court scheduling orders, or by default due to nonappearance for

conference or at a calendar call, or by failure to timely submit any

order or judgment, or upon a final judgment upon the merits, the

original plaintiff, or, if the original plaintiff dies and the cause of

action survives, his or her executor or administrator, may commence a

new action upon the same transaction or occurrence or series of

transactions or occurrences within six months following the termination,

provided that the new action would have been timely commenced within the

applicable limitations period prescribed by law at the time of the

commencement of the prior action and that service upon the original

defendant is completed within such six-month period. For purposes of

this subdivision:

1. a successor in interest or an assignee of the original plaintiff

shall not be permitted to commence the new action, unless pleading and

proving that such assignee is acting on behalf of the original

plaintiff; and

2. in no event shall the original plaintiff receive more than one

six-month extension.

(b) Where the defendant has served an answer and the action upon an

instrument described under subdivision four of section two hundred

thirteen of this article is terminated in any manner, and a new action

upon the same transaction or occurrence or series of transactions or

occurrences is commenced by the original plaintiff, or a successor in

interest or assignee of the original plaintiff, the assertion of any

cause of action or defense by the defendant in the new action shall be

timely if such cause of action or defense was timely asserted in the

prior action.